In response to the various social conflicts that have arisen during the first two weeks of May, the Salvadoran government has resorted to the excessive use of force, undue militarization, criminalization of protest, and threats to further restrict civic space. These actions have been directed against various social expressions calling for improvements in living conditions and greater responsibility on the part of the state.
This is why Amnesty International, together with the undersigned organizations Article 19, Center for Justice and International Law (CEJIL), IM-Defensora, Latin American Working Group (LAWG), OMCT, PRODESC, Robert F. Kennedy Human Rights (RFK), and the Washington Office on Latin America Foundation (WOLA), released a statement in this regard.
In the first few days of May, faced with social discontent over the closure of a strategic road that connects the west and east of the country, the government tried to mitigate the situation by offering a week of free public transport. According to reports from various media, the measure was announced without prior coordination with the transport union, which caused problems with the service during the initial hours and discomfort for users.
Faced with complaints from the public, the government responded by ordering the arrest of 16 drivers, who were accused of crimes with no clear factual basis or legal support. For example, they were charged with breach of duty, a crime under article 321 of the Criminal Code, which applies exclusively to public officials, state employees or law enforcement officers, and not to individuals such as transport operators.
Death in custody
Days after his arrest, one of the drivers died in state custody in a detention center run by the National Civil Police. The cause of death is not yet known, but it is important to note that it occurred in the context of hundreds of complaints about detention conditions that constitute torture or other ill-treatment and which have been aggravated by the overcrowding derived from the national state of emergency. To date, this regime has resulted in more than 85,000 arbitrary arrests and nearly 400 deaths in state custody, according to civil society organizations. The Salvadoran authorities have not conducted effective and independent investigations into these deaths.
On May 12, the state suppressed a peaceful protest by more than 300 families from the El Bosque community, in the municipality of Santa Tecla, who mobilized to demand a solution from the government in the face of an imminent eviction. For the first time, the authorities deployed the Military Police – a force without legal competence for the control of public order and security – to disperse the demonstrators, together with the Public Order Unit (UMO) of the National Civil Police. The intervention concluded with an abusive use of force that resulted in physical aggression against the protesters, which included beatings and pushing and the arbitrary detention of the defender and environmentalist Alejandro Henríquez and the pastor of Elim Church, José Ángel Pérez.
Illegitimate use of force
“Repression should not be the answer to legitimate social demands. Far from offering a solution to the underlying demands, it increases tension and deteriorates trust in institutions. The illegitimate use of force against people who protest peacefully, the criminalization of those who defend human rights and the exploitation of the penal system to quell social demands are authoritarian practices that should not constitute the state’s response to public discontent. Governing should not be synonymous with repression,” said the representatives of the signatory organizations.
The illegitimate use of force against people who protest peacefully, the criminalization of those who defend human rights and the exploitation of the penal system to quell social demands are authoritarian practices that should not constitute the state’s response to public discontent. Governing should not be synonymous with repression
The representatives of the signatory organizations
Hours after these actions, President Nayib Bukele announced that he would be sending the Legislative Assembly a draft Foreign Agents Law that would impose a 30% tax on donations received by non-governmental organizations, on the grounds that they “manipulate” the population. If implemented, this regulation would constitute a new and serious attack on civic space and the right to defend rights, by undermining the work of the organizations that currently support the consistently high numbers of victims of human rights violations in the country.
“With this law, the government not only seeks to silence civil society organizations that denounce abuses, but also directly hits the people who receive their assistance and support. Access to financial resources from various sources, including international sources, without undue restrictions is a component of the right to freedom of association, which is an internationally recognized human right. We have also seen in other contexts how undue constraints on NGO resources inevitably lead to people experiencing more difficulties in accessing their economic and social rights such as health and education. These are all areas on which governments must focus and on which President Bukele in particular intends to set a good example in the region, but instead does just the opposite,” said Ana Piquer, Americas Director at Amnesty International.
With this law, the government not only seeks to silence civil society organizations that denounce abuses, but also directly hits the people who receive their assistance and support. (…) We have also seen in other contexts how undue constraints on NGO resources inevitably lead to people experiencing more difficulties in accessing their economic and social rights such as health and education
Ana Piquer, Americas Director at Amnesty International
Arbitrary arrests, criminalization of social protest, unlawful use of military forces and attempts to unduly restrict or punish the work of those supporting victims of state abuses constitute serious violations of international human rights standards.
The undersigned organizations demand that the Salvadoran state immediately release the people detained just for exercising their rights, while promptly initiating an effective and independent investigation into the death of the driver who was in state custody; create measures to channel legitimate social demands guaranteeing the rights of the people who raise their voices; and desist from any legislative attempt that seeks to sanction the legitimate work of human rights organizations and those who support victims in their search for truth, justice and reparation.
The authorities must step back in their effort to silence and stigmatize human rights organizations and desist from limiting the space in which all people can express their opinions freely, using all legal mechanisms at their disposal to prevent the approval and implementation of any law that sets up a tool to dismantle, silence and punish civil society organizations.
The representatives of the signatory organizations
“The authorities must step back in their effort to silence and stigmatize human rights organizations and desist from limiting the space in which all people can express their opinions freely, using all legal mechanisms at their disposal to prevent the approval and implementation of any law that sets up a tool to dismantle, silence and punish civil society organizations,” said the representatives of the organizations that support this statement.
Header image of a demonstration in El Salvador by APHOTOGRAFIA / Getty Images.
